Divorce can be an emotionally and complex experience. There are multiple issues surrounding child custody, support payments, property division and alimony to take into account during this process.
When dealing with significant marital assets and debt or children involved, consulting a divorce lawyer is generally recommended. Each situation demands its own approach when making this decision; consider these criteria when deciding whether a lawyer would help your situation.
Affordability
At first glance, hiring a lawyer may seem costly. Luckily, there are ways to reduce its expense; if you are uncertain whether divorce is the right path for your family consider cheaper options such as family counseling or separation instead.
Certain lawyers offer limited-scope representation, such as drafting or reviewing a divorce agreement. This can save money and ensure that it contains exactly the language that meets your needs.
A skilled attorney will help you understand the key legal issues surrounding your divorce case and offer personalized guidance and advice on them. They may explain the ramifications of seeking “fault” divorce, as well as whether equitable asset division can be reached between partners – this could prove more productive than going to court, although still taking time and energy to achieve.
Child custody and support
If you and your spouse are having difficulty reaching an agreement regarding child custody and visitation, property division, alimony payments or anything else that pertains to divorce proceedings, consulting with a divorce attorney could be invaluable in protecting your interests and finding solutions together. In addition, they could refer you to mediators who can help work out issues between both parties through mediation sessions.
A judge will typically decide that both parents should share joint physical custody (where children live with both of them for equal periods), or one parent should have sole physical custody (where the child primarily resides with one adult). In some instances, courts order noncustodial parents to pay child support; the amount awarded depends on several factors including income, needs of child and time spent with children by noncustodial parent.
Property division
In an equitable distribution state like New York, all assets acquired during a marriage are considered marital property – this can include income and investment accounts to real estate and vehicles. Separating your separate property from marital assets may be complicated.
Your divorce lawyer can assist in identifying which assets are considered marital property and which ones belong solely to each partner in the marriage. They’ll assess all assets and debts related to your marriage – any appreciation or decrease. In addition, your lawyer will consider each spouse’s contributions towards its financial wellbeing during marriage.
Your attorney can also help safeguard your business interests by helping to draft a legally bind prenuptial or postnuptial agreement, which can avoid protracted property division litigation in court and allow you to settle privately. A knowledgeable New York property division lawyer may negotiate with your spouse towards reaching an acceptable agreement that will stand up in court.
Alimony
Alimony is a form of financial assistance awarded from one spouse to the other during and after divorce proceedings. Courts typically award support according to each party’s financial needs; this helps the dependent partner maintain as similar an existence as possible post-divorce. Typically, longer marriages lead to greater likelihood that long-term alimony payments will be awarded by courts.
Spousal support may be paid either in regular monthly installments or as an upfront lump sum payment. Most spouses ordered to pay by the court typically make payments on an ongoing basis, though in certain instances a judge may order withholding of income or confiscating personal proceeds such as real estate sales profits to enforce an award of spousal support.
Family law attorneys can review your settlement agreement to ensure it is legally and fairly executed, or provide limited representation in certain areas like drafting or reviewing property division agreements. Hiring one may provide cost-effective legal assistance that you require.
